McTaggart Construction fined £215,000 after roofer fell from cherry picker after bus crash in Glasgow

A firm has been fined £215,000 after a roofer fell from a cherry picker involved in a crash with a double-decker bus.

McTaggart Construction Limited pled guilty earlier this month to breaching health and safety regulations.

The worker, then 27, was employed by a contractor for McTaggart working in Glasgow’s Castlemilk on February 4, 2022.

He fell 15 feet from a ‘MEWP’ cherry picker, which was struck by a number 75 First bus.

The roofer landed on a car roof before he hit the pavement.

The man suffered a string of “life-changing” injuries, including extensive fractures to his pelvis and right hip.

He also sustained a collapsed left lung and a fractured right wrist, which left him in a cast.

The man has also not worked since the day of the incident and suffers from PTSD.

The firm admitted failing to plan, manage and monitor the construction phase and coordinate matters relating to health and safety during the construction phase.

The award-winning Ayrshire-based firm – who had a year-end profit in 2023 of £5.2m – hired the company the roofer worked for to do cladding repair work to flats.

Glasgow Sheriff Court heard that on the day of the incident, a manager at McTaggart’s spoke to a cherry picker operator about putting barriers nearby; however, this was not done.

The roofer and cherry picker operator went up into the basket to do the work while they were not wearing body harnesses or safety lanyards.

Prosecutor Saud Ul-hassan said: “The basket they were working in is estimated to have been 15 feet above the ground.

“Before 12pm, the near side of a double-decker 75 First bus struck the knuckle part of the MEWP that was protruding over the near side lane of the road.

“The force of the collision lifted the cherry picker on its two rear wheels momentarily and caused the boom to strike the nearby lamppost.

“[The roofer] was thrown from the basket and fell on the roof of a parked car and then fell to the pavement.”

The cherry picker operator was also thrown by the impact of the collision but remained in the basket.

The roofer – who was stated to have fallen was taken to hospital for treatment, where he remained for two weeks.

Mr Ul-hassan added: “He sustained multiple extensive fractures to the pelvis and right hip, a collapsed left lung and a fractured left wrist.”

He was given surgical plates and screws as well as a cast for his left arm.

It was stated that he walks with a limp on his left side and suffers pain when climbing stairs. He was also diagnosed with PTSD.

Mr Ul-Hassan said: “He has not worked since the incident and is not hopeful of returning to the same field due to the physical nature of it.

“He is now physically unable to play golf and football which he had previously enjoyed before the incident.”

An investigation carried out concluded that McTaggart Construction didn’t follow their own procedures in terms of safety measures associated with controlling the cherry picker.

Since the incident, the company conducted a string of changes, including a review of policy procedures and documents, as well as reforming all documents.

A formal procedure related to the use of the cherry picker has also taken place.

Barry Smith KC, defending, told the court: “Those associated with McTaggart Construction express regret that this was a terrible incident in particular that it caused serious injuries to [the roofer].

“Full PPE should have been worn. The operator embarked with [the roofer] when he ought to have known that it was fundamental for operating such equipment.

“The court will note that McTaggarts had in place full safety measures which the investigation stated had they been followed, the incident would not have occurred.”